To create a new rule.

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance

RULE NO: RULE TITLE
64B-3.006: Diagnostic Testing
PURPOSE AND EFFECT: To create a new rule.
SUMMARY: This rule provides that, except during surgery, spinal ultrasound, somatosensory evoked potential and dermatomal evoked potential are diagnostic tests that are not medically necessary for treating persons with bodily injury covered by personal injury protection benefits.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: There is no fiscal impact because small businesses must perform legally and ethnically and because the prohibitions in this rule were previously in a former rule of the department.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 627.736(5) FS.
LAW IMPLEMENTED: 627.736(5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3250

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-3.006 Diagnostic Testing.

For the purposes of Section 627.736(5)(b)6., F.S., the Department of Health, in consultation with the appropriate licensing boards, adopts the following list of diagnostic tests, when not used during a surgical procedure, based on the lack of demonstrated medical value and level of general acceptance by the provider community:

(1) Spinal ultrasound, also known as sonography, ultrasonography, and echography, is deemed not to be medically necessary for use in the diagnosis and treatment of persons sustaining bodily injury covered by personal injury protection benefits.

(2) Somatosensory Evoked Potential is deemed not to be medically necessary for use in the diagnosis of radiculopathy or distal nerve entrapment when treating persons sustaining bodily injury covered by personal injury protection benefits.

(3) Dermatomal Evoked Potential is deemed not to be medically necessary for use in the diagnosis and treatment of persons sustaining bodily injury covered by personal injury protection benefits.

Specific Authority 627.736(5) FS. Law Implemented 627.736(5) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry McPherson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana Viamonte Ros
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008